KimchiHo

So it turns out that the dealer holding my deposit already sold the car during my absence from the US. I'm currently in Japan and Fireslayer went to the dealer to talk to one of the sales people. So, was it legal for them to do this? They still have my $1000 deposit. Granted that I told them I probably wouldn't buy the car, but aren't they obligated to hold the car until the date that we previously agreed upon when I would pick up the car? I'm looking for some illegal thing that they did so I can get my money back. Anyway, any feedback/opinions would be appreciated. Thanks.

elviscos

Not illegal per se but perhaps a breach of your contract. Exactly what was written or said that formed their consideration exchanged for your deposit?
Obviously it's your word against their's unless you have something in writing.

Knowledge

That's weak, I'm sorry this happened to you. Here there are three Honda dealers. Two of them are the typical "bend you over" dealers. The third one is pretty good. I've bought my last two "H" cars from there.

Dj K-otik

Any genuine contract (which entails Quantity, Time, Interested party, Price, and Subject matter) that involves goods over $500 HAS to be in writing (Statute of Frauds). For you (Interested party), your $1,000 (Price) is consideration that requires them to hold the EXACT car (Quantity/Subject matter) mentioned in the contract for as long as your written contract says (Time). If they broke that contract (which I do not know for sure because I did not see/read it), you have the right to bring suit against them for breach of contract, possibly negligence too, but that'd be a stretch. Even if you said that you probably wouldn't buy the car, they have to hold it because there's a contract.

I'm still just a law STUDENT, so don't take 'em to court based on what I said. I forget what happens to considerations when the time specified in a contract lapses (shows that I need to study! ), but that doesn't matter becaues the time didn't lapse.

Stick it to 'em! That'd be a victory for all of us who've had to endure take crap from car dealerships.

Yellow S2000

[QUOTE]Originally posted by Dj K-otik
[B]Any genuine contract (which entails Quantity, Time, Interested party, Price, and Subject matter) that involves goods over $500 HAS to be in writing (Statute of Frauds).

Knowledge

Hehehe, that'd be nice because we'd all get "discounts" on our Honda parts!